Schedule of Loss

missfunkymonkey

I have submitted a claim for unfair dismissal to the ET and ACAS have been in contact with me to see if a settlement can be reached with my ex employer. Acas have asked if I could provide them with a Schedule of Loss but I'm representing myself and cannot find any examples doing a quick search on the internet. Does anyone have an example or know what I can put on it? I understand I can seek a loss of earnings up to the tribunal date and possibly future losses. It is 3 months since I was dismissed and do not have another job yet given the current climate. Would I be unrealistic if I sought 6 months future losses?

Any help or advice would be much appreciated.

Lucias_mum

Try the website etclaims.co.uk - this is really helpful. I'll be going through the same things myself shortly if my appeal doesn't succeed - I'm as much in the dark as you are - sorry I can't be of more help.

mrs_pickle_2

Crude Template as follows:

A. Basic award for unfair dismissal (use ready reckoner on berr website to calc.)

B.Notice pay (1 weeks pay for every complete year worked)

C. Loss of Statutory Rights £300

D. Compensatory Award (Loss of Basic Salary to date of tribunal)

E. Loss Of entitlement to holiday pay

F. Employer's disregard breach of statitory dismissal procedure (£330 @ 4 weeks)

G. Travel costs etc incurred whislt seeking employment

TOTAL LOSS OF EARNINGS WHILST SEEKING EMPLOYMENT=

H. Discretionary uplift for breach of statutory grievnace/disciplianry procedure at 50% (so total + 50%)

Potential Loff of future earnings- eg you may think it will take 6 months-1 years to secure a new job of same salary and status.

If you have found alternative work then you need to account for this. But I would leave it to the Respondent to query this.

Good Luck!

missfunkymonkey

Thanks so much mrs pickle, that's really helpful as I didn't really have anything to go on.

Do points B, D and loss of future earnings have to be based on just my basic salary? I received commission most months so I wondered if I could take, say my last 3 months salary as an average. I also received a monthly car allowance so is this something I could also include?

Thanks in advance.

mrs_pickle_2

B-basic contracted salary only

D-This is to compensate you for your financial loss so yes you can include bonus, car allowance etc average of last 3 months seems sensible.

Future Earning-as above should be your overall financial package. Respondent may argue but don't worry - ultimately it's for the tribunal to decide.

missfunkymonkey

Ok, thanks Mrs Pickle. I believe I need to deduct any jobseekers allowance from the total. Do I also need to deduct the redundancy payment or is that not affected?

mrs_pickle_2

JSA-the Regulations only apply once the tribunal complete a form in their writing eg if you were awarded £5000 and had received £1200 in JSA the respondent would need to pay JSA back £1200 and you £3800. If your case settles before the hearing on agreed terms for day £5000 the Respondent would not be required to pay back JSA to the Gov. ie all the compensation would go to you. Therefore, I would not put JSA on Sch. of Loss. If however you do and case settles before hearing then probably best to split the JSA ie £1200 divide 2 = £600 so walk away with £3800 + £600 = £4400. Hope this makes sense....ie if look like it will settle then omit to state JSA, if respondent queries this state that Recoupment Regs don't apply until Tribunal completes form.

Redundancy Payment- NO - Technically Section 73(9) of the Employment Protection (Consolidation) Act 1978 provides that the amount of basic award made for unfair dismissal should be reduced by the amount of any redundancy payment when the dismissal is in fact by reason of redundancy an. However, the case BOORMAN v ALLMAKES states that this does not apply where the employer's case of dismissal by reason of redundancy has been rejected by the tribunal.

simonsimple

I am also preparing a schedule of loss. Can I include Interest I am being charged on the debts that are accumulating after I was dismissed? What about mortgage arrears? HP agreement arrears? Interest on my credit cards? These are all the result of my losing my job.

I also thought that I could claim for the damage to my reputation since I have never had any disciplinary issues wherever I worked.
Then there is what they call grossing up to cover what the taxman will deduct from what I am claiming. Is this also part of the schedule of loss?

There is not one place where there is full and detailed info for a schedule of loss. I have had to trawl around the web to pick up bits and pieces from websites. Advice desperately needed.